LEGAL SUPERVISION OF THE IMPLEMENTATION OF THE OSS-RBA BUSINESS LICENSING SYSTEM IN SPECIAL ECONOMIC ZONES

Abstract

This study aims to analyze the implementation of legal supervision over the risk-based Online Single Submission (OSS-RBA) business licensing system in Special Economic Zones (SEZs) and to identify the synchronization of supervisory authority among SEZ Administrators, the Central Government, and Local Governments. The method employed in this study is normative legal research using statute and conceptual approaches. Secondary data, comprising primary legal materials—specifically Law No. 6 of 2023 on Job Creation, Government Regulation No. 5 of 2021, and Government Regulation No. 40 of 2021—were comprehensively analyzed using qualitative methods. The results indicate that the implementation of OSS-RBA licensing supervision in SEZs continues to face obstacles regarding overlapping operational authority. There is a potential normative conflict between the mandate for independent service and supervision by SEZ Administrators under Government Regulation No. 40 of 2021, and the obligation for cross-sectoral coordinated supervision stipulated in Government Regulation No. 5 of 2021. Furthermore, the administrative law paradigm shift from ex-ante to ex-post control has not been sufficiently supported by the maturity of the digital supervisory subsystem. Technically, SEZ Administrators do not yet possess adequate digital authority (role access) within the OSS subsystem to impose administrative sanctions independently. To ensure legal certainty and the effectiveness of the ease of doing business, regulatory harmonization that explicitly delineates sectoral jurisdictions is required, along with the strengthening of system integration that grants proportional supervisory autonomy to SEZ Administrators.